01. Ordinance 1659 - Zone Change with PUD - Hockaday Museum - 2nd ReadingTanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.eom/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT: Second Reading - Hockaday Museum of Art zone change from RA-
3 to P-1 and planned unit development (PUD) zoning overlay
request
MEETING DATE: May 4, 2009
BACKGROUND: This is the second reading on a request from the Hockaday Museum
Board for a zone change from RA-3 to P-1 and a PUD overlay zoning district for 4
adjacent lots containing 28,400 square feet. The properties are located on the west
side of 2nd Avenue East between 3rd and 4+h Streets East. The properties included in
the zone change can be legally described as lots 1 and 2 of block 64 in Kalispell
Original Townsite, the current site of the Hockaday Museum of Art, 302 2nd Avenue
East and lots 3 and 4 of block 64, Kalispell Original Townsite within the NE 1/4 of
Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of April 20, 2009.
RECOMMENDATION: A motion to approve the second reading for the zone change
and planned unit development would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: April 28, 2009
c: Theresa White, Kalispell City Clerk
My ebb
Interim City Manager
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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DATE.
WHEREAS, the Hockaday Museum of Art Board of Directors petitioned the City of Kalispell that
the zoning classification attached to the above described tract of land be zoned P-1,
Public, with a Planned Unit Development overlay, and
WHEREAS, the property is located on the west side of Second Avenue East between Third and
Fourth Streets East, and
WHEREAS, the petition of the Hockaday Museum of Art was the subject of a report compiled by
the Kalispell Planning Department, Staff Report #KZC-09-02/KPUD-09-01, in which
the Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned City P-1, Public, with a Planned Unit
Development overlay, pursuant to Kalispell City Code 72.21.030(2)(b), and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 10,
2009, and recommended that the zoning be City P-1, Public, with a Planned Unit
Development overlay, pursuant to Kalispell City Code 72.21.030(2)(b), and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described P-1, Public, with a Planned Unit Development overlay, the City Council
finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts,
based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v.
Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as
set forth in Staff Report No. #KZC-09-02/KPUD-09-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as P-1, Public, with a Planned Unit Development
overlay.
SECTION II. The Planned Unit Development proposed by the Hockaday Museum of Art
upon the real property described above is hereby approved, subject to the
following conditions:
General Conditions:
The Planned Unit Development for Hockaday Museum of Art allows the following
deviations from the Kalispell Zoning Ordinance:
A. Kalispell Zoning Ordinance, Section 27.20.040 (3) (Minimum building setbacks in
the P-1 zoning district)
Removes building setback requirements along the alley so that the future museum
expansion can be built.
B. Kalispell Zoning Ordinance, Section 27.26.050(18) (Minimum off-street parking
spaces required for museums and art galleries).
Only 50% (13) of the required off-street parking for the museum expansion shall be
met with the parking to be located on the south side of the museum site as shown on
the submitted site plan.
2. That the development of the site shall be in substantial compliance with the following plans
as well as any additional conditions associated with the PUD as approved by the city council:
Hockaday Museum of Art temporary plans (includes parking lot on south side of
project site and temporary tent structure)
Hockaday Museum of Art full build out plans
Elevations of the museum
3. Approval of the planned unit development (PUD) shall be valid for a period of five years
from the date of approval with the possibility of another five-year extension to be granted by
the city council. Within this time, the museum shall obtain the necessary permits and
approvals to complete the improvements as shown on the approved PUD site plan.
SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 4TH DAY OF MAY, 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk